MECHANICS' LIEN. 2153

The lien claim cannot be amended in the court of appeals. Baker v. Winter, 15
Md. 10.

This section does not dispense with the forms of pleading. Kees v. Kerney, 5
Md. 422.

Cited but not construed in Wehr v. Shryock, 55 Md. 338.

See notes to secs. 1 and 11.

An. Code, sec. 42. 1904, sec. 42. 1888, sec. 42. 1838, ch. 205, sec: 26.

42. Nothing contained in this article shall be construed to affect the
right of any person to whom any debt may be due for work done or ma-
terials furnished to maintain any personal action against the owner of the
building or any other person liable therefor.

This section followed. McLaughlin v. Reinhart, 54 Md. 80; Sodini v. Winter, 32
Md. 134.

Boats and Vessels.

An. Code, sec. 43. 1904, sec. 43. 1888, sec. 44. 1856, ch. 294, sec. 1. 1865, ch. 190.

43. All boats or vessels of any kind whatsoever used or intended to
be used on the waters of the Chesapeake bay and its tributaries, the Chesa-
peake and Ohio canal, and other waters of this State, as carriers of freight
or passengers, and all other boats or vessels belonging in this State shall
be subject to a lien and bound for the payment thereof as preferred debts
for all debts due to boat builders, mechanics, merchants, farmers or other
persons, from the owners, masters or captains, or other agents of such
boats or vessels for materials furnished or work done in the building,
repairing or equipping the same.

Consumable supplies, such as gasoline or groceries, are not within the lien given
by this and the following section. The Princess, 185 Fed. 218.

This section referred to in construing sec. 47—see notes thereto. The D. B.
Steelman, 48 Fed. 583; The Marcelia Ann, 34 Fed. 143.

Cited but not construed in Lucas v. Taylor, 105 Md. 103.

See secs. 1 and 22 and notes.

An. Code, sec. 44. 1904, sec. 44. 1888, sec. 45. 1856, ch. 294, sec. 1. 1865, ch. 190.

1900, ch. 28.

44. No person shall be entitled to a lien under the preceding section
unless he shall, within six months from the commencement of the build-
ing, repairing, equipping or refitting of such boat or vessel, deliver to the
clerk of the circuit court for the county where the building, repairing,
equipping or refitting was done, or the clerk of the superior court of Balti-
more city, if done in the city of Baltimore, an account or statement veri-
fied by the oath of the claimant taken and subscribed before some justice
of the peace or other officer authorized to administer an oath, setting forth
the names of the claimant and debtor; and, if the debt was not contracted
by the owner but by his agent, the name of such agent, the name or other
certain description of the boat or vessel and the place where built, repaired,
equipped or refitted and the particulars or items of the claim or debt; and